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100% guaranteed to work with our driver and will automatically download into all your.., Ltd. and Joseph P. Connors, Inc.; and United States Fidelity and Guaranty Company, of which The Travelers Indemnity Company, the Insurance Company of North America and the Home Insurance Company are subsrcibers, and that all references to “Mercury and The Travelers” mean those four companies collectively, and all references to “Underwriters” mean all underwriters of Wanda Yates, Inc. and of Joseph P. Connors, Inc.; and all references to “Honeywell” mean Honeywell, Inc.
“The Company has been the target of negative press and other forms of publicity which have assumed a highly critical character. Initially, the Company responded in the negative by attempting to combat the media with articulate and vigorous denials of the charges made, some of which were patently unfair. As the media made these charges a common and recurrent theme in their reporting of Company activities, it was soon realized that such denials lacked the credibility necessary for effective counter-measure. While the Company has not had a highly publicized failure, the Company is aware that many of its customers do not wish to purchase the Company’s products and some are unwilling to accept the Company’s warranty. Thus, in the field of public relations, even a well run company must face the reality that the expectations of its customers and the public will not always be fulfilled.”
It appears, however, that the policy was not among those issued by The Travelers. The policies were produced by American Home and were apparently the only policies available. It was the practice of John L. Smith in past years to have Mercury extend coverage to its subrogees from time to time, up to $10,000 per person, and that the former Travelers representative, Mr. Phillips, then promised Smith that The Travelers would do likewise
American Home has been purchasing policies from Texas since 1966. Mercury did not begin selling the policy in issue in Texas until 1967. Up until 1966, all policies were purchased from Travelers
“The broker, therefore, is a good samaritan who voluntarily undertakes to do some act that, if he were liable for the damage, he would have to discharge. The undertaking is that of a volunteer, but it is a servant’s undertaking, and a servant ought not to be allowed to get out of
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